Imperativeness In Private International Law
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Imperativeness In Private International Law
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Author : Giovanni Zarra
language : en
Publisher:
Release Date : 2022
Imperativeness In Private International Law written by Giovanni Zarra and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
Private International Law A Treatise On The Conflict Of Laws
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Author : Friedrich Karl von Savigny
language : en
Publisher:
Release Date : 1869
Private International Law A Treatise On The Conflict Of Laws written by Friedrich Karl von Savigny and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1869 with Conflict of laws categories.
Elements Of Private International Law
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Author : Winston Anderson
language : en
Publisher: Ian Randle Publishers
Release Date : 2003
Elements Of Private International Law written by Winston Anderson and has been published by Ian Randle Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Conflict of laws categories.
Advanced Introduction To Private International Law And Procedure
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Author : Peter Hay
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-06-29
Advanced Introduction To Private International Law And Procedure written by Peter Hay and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-29 with Law categories.
Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.
Switzerland S Private International Law
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Author : Pierre Karrer
language : en
Publisher: Springer
Release Date : 1994-02-28
Switzerland S Private International Law written by Pierre Karrer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-02-28 with Law categories.
Although Switzerland's geographical situation places it in the very center of the European community, it stands alone as a neutral nation with separate legislation and policies, which are not governed from Brussels. With respect to its neutrality and the critical importance of its centralized location, it is imperative to those involved in European and international law to acquire a solid understanding of the laws which govern this land of majestic mountains and internationally renowned fame, in contributing towards the effort to expedite solutions to various international arbitration have therefore been translated and included. This revised edition of Switzerland's Private International Law offers legal professionals an insight into current Swiss legislation regarding all phases of private law. In addition to arbitration law this publication addresses topics such as Intellectual Property, Bankruptcy and Composition, Obligations, Companies, Marriage, Parent-Child Relationships, Guardianship and other Protective Measures, Inheritance Law, Real Rights, Final Provisions and Lugano Convention with Annotations
Imperativeness In Private International Law
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Author : Giovanni Zarra
language : en
Publisher: Springer Nature
Release Date : 2022-01-27
Imperativeness In Private International Law written by Giovanni Zarra and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.
This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
Elements Of Private International Law
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Author : Ranhilio Callangan Aquino
language : en
Publisher:
Release Date : 2006
Elements Of Private International Law written by Ranhilio Callangan Aquino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Private International Law
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Author : Sai Ramani Garimella
language : en
Publisher:
Release Date : 2014
Private International Law written by Sai Ramani Garimella and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Conflict of laws categories.
Essays In Private International Law
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Author : Peter Machin North
language : en
Publisher: Oxford University Press
Release Date : 1993
Essays In Private International Law written by Peter Machin North and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.
Private International Law
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Author : C. F. Forsyth
language : en
Publisher: Juta and Company Ltd
Release Date : 2012
Private International Law written by C. F. Forsyth and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Conflict of laws categories.